Is the Aira Fitness Development Agreement assignable by the franchisor?

According to the 2025 Aira Fitness FDD, under the Pod Purchase Agreement, "Franchisor's Affiliate may assign some or all of Franchisor's Affiliate 's rights under this Agreement to a third party." This means that Pure Gym Equipment, LLC, as the Franchisor's Affiliate, has the right to transfer its rights and obligations regarding the Pod Purchase Agreement to another entity.

However, the FDD excerpt also states that "So long as any of Franchisee's payment obligations under this Agreement remain outstanding, Franchisee shall not assign this Agreement or sell or transfer the Equipment without Franchisor's Affiliate 's prior written consent." This clause restricts the franchisee from assigning the agreement or transferring the equipment as long as they have outstanding payment obligations, and they must obtain written consent from Franchisor's Affiliate to do so.

This assignment clause is typical in franchise agreements to allow the franchisor flexibility in managing its business and assets. For a prospective Aira Fitness franchisee, this means the franchisor has the right to transfer its rights and obligations to another party, which could impact the franchisee's relationship and interactions. However, the franchisee also has restrictions on their ability to assign the agreement, particularly when payment obligations are outstanding, ensuring the franchisor's interests are protected.